U.S. v. LEAKE

No. 95-5687.

95 F.3d 409 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Charles V. LEAKE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 9, 1996.


Attorney(s) appearing for the Case

Terry M. Cushing, Asst. U.S. Atty., Stephen G. Frye, Asst U.S. Atty. (argued and briefed), Office of U.S. Atty., Louisville, KY, for plaintiff-appellee.

Theodore H. Lavit (briefed), Stephen B. Humphress (argued and briefed), Lavit & Abell, Lebanon, KY, for defendant-appellant.

Before: RYAN and NORRIS, Circuit Judges; DOWD, District Judge.


DOWD, District Judge.

I. INTRODUCTION

This case requires consideration of the "fruit of the poisonous tree" teachings against the background of our earlier decision that the 1988 search of defendant Charles Leake's residence violated the Fourth Amendment. The defendant was indicted on November 20, 1991 for the substantive offense of possession of marijuana on April 15, 1988, the date of the unlawful search. The defendant was also charged with conspiracy...

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